Yellow Cab Co.

In the Matter of B. ROYCE AND E. ROYCE, D/B/A YELLOW CAB COM- PANY, EMPLOYER and SHIP SCALERS AND AUTO PAINTERS LOCAL UNION No. 1404 , BROTHERHOOD OF PAINTERS, DECORATORS AND PAPER HANGERS OF AMERICA, A. F. or L., PETITIONER Case No. 36-RC-315.Decided January 23, 1950 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before R. J. Wiener, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board finds : 1. The Employer operates a taxicab business and a public garage in Portland, Oregon. It employs 225 drivers in the operation of its 83 taxicabs and 20 employees in the operation of its garage. During the preceding fiscal year, the Employer expended $69,000 for parts, tires, and batteries, and $10,000 to $15,000 for new Plymouth automobiles. All of this equipment, except batteries costing approxi- mately $4,000, originated outside of the State of Oregon. Approximately 3 percent of the Employer's annual gross revenue 1 is received from passengers transported across State lines,2 71/2 per- cent from passengers transported to and from the one railroad depot in Portland, 4 percent from passengers transported to and from the Greyhound bus station in Portland, and approximately 1 percent of its annual gross revenue is received from passengers transported to and from the Portland municipal airport. The Employer has the sole taxi-stand concession at the railroad depot and the sole concession every third day at the bus station. , The Employer's representative at the hearing testified that during the preceding fiscal year the Employer received "in excess of $75,000" from the operation of its taxicabs. However, the Employer's annual expenditures above set forth, coupled with the wages paid to 225 drivers over a 12-month period, compels the conclusion that the Employer's annual gross revenue from the operation of its taxicabs is several times greater than $75,000. 2 The Employer is licensed by the Interstate Commerce Commission to transport passen- gers from within the State of Oregon to points outside that State. 8S NLRB No. 62. 282 YELLOW CAB COMPANY 283 On the basis of these facts and the entire record in the case, we find that the Employer is engaged in commerce within the meaning of the National Labor Relations Act .-3 2. The labor organization involved claims to represent employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. In accordance with the agreement of the parties, we find that all painters and painters' helpers employed in the Employer's automobile paint shop constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the payroll period immediately preceding the date of this Direction of Election, including employees who did not work during said payroll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or rein- stated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bargain- ing, by Ship Scalers and Auto Painters Local Union No. 1404, Brother- hood of Painters, Decorators and Paper Hangers of America, A. F. of L. Taxicabs of Cincinnati, Inc., 82 NLRB 664.